Disposed

Banne Khan and Another v. State of U.P. and 5 Others

Allahabad HC10 Oct 2023WRIC/28022/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking an injunction to halt construction of a water tank on disputed land. Directed the respondent authority to demarcate the petitioner's possession within a month to facilitate public utility work.

What did the court decide?

Respondent No. 3 directed to demarcate the portion pertaining to the petitioner within one month so that construction of the public water tank is not hampered.

Banne Khan and Another Vs State of U.P. and 5 Others — Land Acquisition | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:194794

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In Chamber

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Case :- WRIT - C No. - 28022 of 2023

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Petitioner :- Banne Khan And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Mohd Haider,Mata Achal Mishra Counsel for Respondent :- C.S.C.,Azad Rai

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Mohd. Haider, learned counsel for the petitioners, Sri Dhananjay Singh, learned Standing Counsel for the State respondent nos.1 to 3 and Sri Azad Rai, learned counsel for Gram Sabha.

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Present writ petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents to stop the construction of water tank which is going to be constructed over the plot no.26M situated at Village Mohammadabad alias Mailwan Pargana Sikandara, Tehsil Phulpur, District Allahabad regarding which, a civil suit is pending.

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Instructions so received by learned Standing Counsel is taken on record.

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By bare perusal of the instructions, it is transpired that plot no.26M pertains to the petitioner, wherein certain portion of the land has been entered in the revenue record as banjar, whereupon construction of overhead water tank has been initiated under the Jal Jeevan Mission.

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Learned Standing Counsel submitted on behalf of the instructions that the proposed construction of overhead water tank is going on over the land pertains to the Gram Sabha and not over the land pertains to the petitioners, but at the same time, it has been fairly admitted by learned Standing Counsel that no demarcation proceedings has been initiated before construction of overhead water tank.

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Be that as it may, respondent no.3 is hereby directed to demarcate the portion pertains to the petitioner and ensure that no construction may be carried out over the exclusive area pertains to the petitioner over plot no.26M situated at Village

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Mohammadabad alias Mailwan Pargana Sikandara, Tehsil Phulpur, District Allahabad.

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The above mentioned exercise shall be carried out by respondent no.3 within a month from the date of presentation of a certified copy of this order before him so that the construction related to the public utility may not be hampered or delayed.

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The present petition stands disposed of accordingly.

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Order Date :- 10.10.2023 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Banne Khan and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Banne Khan and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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